Whose personal data do we process?
The Council processes personal data relating to its current, prospective and former employees, workers and contractors.
What categories of personal data do we process?
- names, addresses and contact details, including email addresses and telephone numbers, dates of birth and genders
- the terms and conditions of employments including locations of workplaces
- details of qualifications, skills, experience and employment histories, including CVs, application forms, cover letters, references, job titles, working hours, training records, professional memberships, start and end dates, with previous employers and with the Council
- information about remuneration and compensation history, including salaries and entitlements to benefits such as pensions, annual leave and insurance cover
- details of bank accounts, payroll records, tax status and national insurance numbers
- information about marital status, next of kin, dependants and emergency contacts
- information about nationality and entitlement to work in the UK
- details of working patterns and attendance at work
- details of periods of leave taken, including holiday, sickness absence, family leave and flexible retirement, and the reasons for the leave
- details of disciplinary, capability and grievance procedures undertaken, including warnings issued and related correspondence
- CCTV footage and other information obtained through electronic means such as swipe-card records, time recording
- copies of driving licences, details of hire car agreements and schedules of insurance
- information about use of our information and communications systems
- photographs e.g. for staff identity cards, etc.
- performance assessments, including appraisals, performance reviews, training participated in, performance improvement plans and related correspondence
- details of pecuniary and non-pecuniary interests
What categories of special personal data do we process?
- information about medical or health conditions, including health, pregnancy and sickness records and whether or not an individual has a disability for which the council needs to make reasonable adjustments
- information about criminal convictions and offences
- details of trade union membership
- equal opportunities monitoring information, including information about race or ethnic origin, sexual orientation and religion or belief.
How do we obtain this personal data?
The Council collects personal data in a variety of ways but typically directly from the individual concerned e.g. data is collected through application forms and CVs, from copies of passports, driving licences and other identity documents provided, from other forms completed at the start of and during the course of employment, from correspondence, and through interviews, meetings and other assessments.
In some cases, the Council collects personal data from third parties e.g. references supplied by former employers, information from employment background check providers, employment agencies, credit reference agencies and criminal records checks permitted by law.
What do we do with this personal data?
The Council needs to process personal data to enter into employment contracts and to meet its obligations under employment contracts e.g. it needs to process personal data to provide employment contracts, to pay staff in accordance with their employment contracts and to administer benefits, pensions and insurance entitlements.
In some cases, the Council needs to process personal data to ensure that it is complying with its legal obligations e.g. it is required to check an employee's entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled. For certain positions, it is necessary to carry out criminal records checks to ensure that individuals are permitted to undertake the role in question.
In other cases, the Council has a legitimate interest in processing personal data before, during and after the end of an employment relationship.
The Council may also use personal data in circumstances (which are likely to be rare) where necessary to protect an employee's interests or somebody else's interests or where it is necessary in the public interest or for official purposes.
The Council will process personal data for the following purposes:
- run recruitment, appointment and promotion processes (including checking that staff are legally entitled to work in the UK and determining employment terms)
- paying staff, and making deductions in respect of tax, pension, National Insurance contributions, trade union membership fees and student loan repayments, etc.
- liaising with pension providers
- maintaining accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights
- operating and recording disciplinary and grievance processes (including gathering evidence), to ensure acceptable conduct within the workplace
- operating and keeping records of employee performance and related processes, planning for career development, salary reviews and for succession planning and workforce management purposes (including assessing the qualifications required for a role)
- managing education, training and development requirements
- operating and keeping records of absence and absence management procedures, to allow effective workforce management (including managing sickness absence) and ensuring that employees are receiving the pay or other benefits to which they are entitled
- obtaining occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meets its obligations under health and safety law, ensures that staff are fit to work and ensures that employees are receiving the pay or other benefits to which they are entitled
- operating and keeping a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the Council complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled
- ensuring network and information security, and monitoring use of information and communication systems to ensure compliance with policies
- ensuring effective general HR and business administration, and providing benefits
- managing the end of working relationships (e.g. retirement, resignation, dismissal, etc.)
- providing references on request for current or former employees
- responding to and defending against legal claims (including accidents at work)
- maintaining and promoting equality in the workplace
- maintaining registers of interests
Some special categories of personal data, such as information about health or medical conditions e.g. sickness absence, etc., is processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes).
The Council will use information about physical or mental health, or disability status, for preventative and occupational health purposes, to ensure health and safety in the workplace and to assess fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
Information about trade union membership is processed to allow the Council to operate check-off for union subscriptions.
The Council will only collect information about criminal convictions if it is appropriate given the nature of the role and where it is legally able to do so. Where appropriate, the Council will collect information about criminal convictions as part of the recruitment process or may be notified of such information directly by the individuals concerned during the course of employment.
Where the Council processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring and reporting.
How do we share this personal data?
The Council will share personal data with third parties where required by law, where it is necessary to administer the working relationship with an individual or where it has another legitimate interest in doing so.
Information will be shared internally, including with members of the HR teams and Finance teams, line managers, other managers and IT staff. The Council's payroll function is currently outsourced to Warwickshire County Council who process data on its behalf.
The Council shares data with third parties in order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers and obtain necessary criminal records checks from the Disclosure and Barring Service. The Council may also share data with third parties in the context of TUPE. In such circumstances the data will be subject to confidentiality arrangements.
The Council also shares data with third parties that process data on its behalf, in connection with the provision of benefits (including pensions, healthcare, car leasing, salary sacrifice schemes, cycle to work, etc.) and the provision of occupational health services. In addition data may also be provided to the DWP, HMRC, Standard Life and UNISON, where appropriate.
Requirements to provide personal data
Staff have some obligations under their employment contracts to provide the council with data. In particular, there are requirements to report absences from work and to provide information about disciplinary or other matters under the implied duty of good faith. Staff may also have to provide the council with data in order to exercise their statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that staff are unable to exercise their statutory rights.
Certain information, such as contact details, right to work in the UK and payment details, have to be provided by staff to enable the council to enter a contract of employment with them. If they do not provide other information, this hinders the Council's ability to administer their rights and obligations arising as a result of the employment relationship efficiently.
